Monty Clay v. AIG Aerospace Insurance Services, Inc.

Opinion

ACCEPTED 06-15-00024-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 11/11/2015 1:21:08 PM DEBBIE AUTREY CLERK

No. 06-15-00024-CV ————————— IN THE COURT OF APPEALS FILED IN 6th COURT OF APPEALS FOR THE SIXTH DISTRICT OF TEXAS AT TEXARKANA TEXARKANA, TEXAS —————————————————————————————— 11/12/2015 8:42:00 AM MONTY CLAY, ET AL. DEBBIE AUTREY Clerk Appellant

v.

AIG AEROSPACE INSURANCE SERVICES, INC., ET AL.

Appellee

—————————————————————————————— On Appeal from the 402nd District Court of Wood County G. Timothy Boswell, Judge Presiding —————————————————————————————— APPELLEE AIG AEROSPACE INSURANCE SERVICES, INC.’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF —————————————————————————————— Appellee AIG Aerospace Insurance Services, Inc. f/k/a Chartis Aerospace

Insurance Services, Inc. (“AIG”) files this Unopposed Motion for Extension of

Time to file its Appellee’s Brief, and would respectfully show the Court as

follows:

1. AIG’s Appellee’s Brief is currently due on December 4, 2015.

2. AIG seeks a 30-day extension in which to file its brief, such that its

brief would be due on or before January 4, 2016.1

1 The 30th day actually falls on Sunday, January 3, 2016.

1 3. AIG requests this extension because the undersigned, lead appellate

counsel, has had or will have several deadlines that have interfered with his ability

to fully review and analyze the record prior to receiving Appellants’ brief, and that

will interfere with his ability to adequately prepare Appellee’s Brief by the current

deadline, including:

(a) Preparing for and participating in oral argument on October 13, 2015

in the Louisiana Third Circuit Court of Appeals in docket number 15-00461-CA,

styled: Hayward Allen, III v. PHI, Inc., et al;

(b) Preparing Appellant’s Reply Brief in the United States District Court

For the District Of Delaware in case number: 15-346-LPS, Bankruptcy Case No.

09-12261, Bankruptcy Adversary Proceeding Number 11-52423, which was filed

on November 2, 2015; and

(c) Preparing a Petition for Writ of Mandamus in Texas’ Tenth Court of

Appeals in a case that will be styled In re Continental Motors, Inc., et. al., which is

due on or before November 24, 2015.

4. In addition to the above-referenced deadlines, the undersigned was out

of state from November 2-4, 2015 to assist an immediate family member

undergoing an emergency medical procedure, and will be traveling out of state

again for another procedure that will be set at some point in late November or early

December.

2 5. This extension is not sought for delay, but so that the undersigned can

adequately prepare AIG’s brief.

6. The undersigned has conferred with lead appellate counsel for

Appellants, who has stated that Appellants are not opposed to this motion.

Respectfully submitted,

/s/ Steven D. Sanfelippo Steven D. Sanfelippo State Bar No. 24027827 CUNNINGHAM SWAIM, LLP 7557 Rambler Rd., Suite 440 Dallas, Texas 75231 (214) 646-1495 (214) 613-1163 - facsimile ssanfelippo@cunninghamswaim.com

CERTIFICATE OF CONFERENCE

The undersigned hereby certifies that he has conferred with counsel for

Appellants, who has stated that Appellants do not oppose this motion for

extension.

/s/ Steven D. Sanfelippo Steven D. Sanfelippo

3 CERTIFICATE OF SERVICE

On November 11, 2015, I served a copy of this document to the following

counsel for Appellants Monty Clay, et al.

Michael A. Simpson Simpson Boyd Powers & Williamson P O Box 685 Bridgeport, TX 76426

D. Bryan Hughes Law Office of D. Bryan Hughes 701 N Pacific Ave Mineola, TX 75773

M. Keith Dollahite M. Keith Dollahite, PC 5457 Donnybrook Ave Tyler, TX 75703

Robert Waltman Waltman & Grisham 2807 S Texas Ave, Ste 201 Bryan, TX 77802

William Angelley Braden, Varner & Angelley, PC 703 McKinney Ave, Suite 400 Dallas, TX 75202

/s/ Steven D. Sanfelippo Steven D. Sanfelippo